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Obesity rule upheld in Canada

November 23, 2008 by Evan Sparks

I don’t know why the blogosphere has erupted over this just now (I saw several posts on the subject in my non-aviation-related categories on Google Reader), but I’ll mention it: the Canadian Transport Agency’s January ruling on obese travelers was challenged by Air Canada and WestJet, upheld by a lower court, and appealed to Canada’s high court, which declined to hear the case, meaning that the CTA’s rule stands. According to a blog post I wrote in January, the regulation requires airlines to give an extra seat to a person who needs it due to being “functionally disabled by obesity for purposes of air travel.” But as I wrote then, the rule is sneaky: it specifically excludes “persons who are obese but not disabled as a result of their obesity.” But then defines “functionally disabled by obesity” according to Southwest Airlines’ practice of “screen[ing] for entitlement to an additional seat by determining whether a person can lower the seat’s armrests.” Basically, anyone who spills over the armrest gets an extra seat. And there are plenty of functional folks who meet this criterion.

So . . . it looks like Derrie-Air won’t be flying to the Great North anytime soon. . . .

Top court backs free seat ruling for some disabled, obese travellers [CBC]
Canada rules obese get second seat free on flights in Canada [WalletPop]

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Posted in Evan's News and Quick Takes | Tagged canada, consumer advocacy, regulation, travel | 2 Comments

2 Responses

  1. on November 24, 2008 at 2:11 pm Obese Have Rights in Canada | Flight Wisdom

    [...] Obesity rule upheld in Canada digg_url=’http://blog.flightwisdom.com/2008/11/24/obese-have-rights-in-canada/’; digg_skin = ‘compact’; digg_bgcolor = ‘#FFFFFF’; digg_title = ‘Obese+Have+Rights+in+Canada’; digg_bodytext = ”; digg_topic = ”; Powered by Gregarious (21) [...]


  2. on November 24, 2008 at 11:30 pm Canada: So tolerant it costs more « The Sagamore Journal

    [...] Supreme Court has gone and declared the country’s two largest airlines have to offer morbidly obese [...]



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